Question

1. Ir. Selva, a tractor owner entrusted his tractor to a service centre. The owner, Mr Sammy, of the service centre drove the tractor and injured a motorist, Miss Fatin in an accident. Discuss and elaborate the legal implication of Ir. Selva in this scenario.
2. Ir. Azmi who owned two M&E firms was not satisfied with the income from those firms. He went to Hishammusdin & Co office, a solicitor firm to discuss about his property. A legal clerk advised him to sell the firms and invested the money somewhere else. He was asked to sign the documents, which was supposed to be Sale Deed, but in fact it was a Gift Deed in the name of the legal clerk. The legal clerk misappropriated that money without the knowledge of his principal. Discuss and explain the legal implications of this case.

use tort/contract/road transport act 1987/sustainability

Answer 1

1. Ir Selva has already entrusted his tractor to Service centre owned by Sammy. Therefore tractor now is responsibilty of Sammy. Sammy drove ttactor and met accident therefore Sammy is responsible for damage amd he has to pay legal compensation. There is no legal implications on Ir Selva in this matter.

2. This is a case of fraud by the legal clerk. He has done fraud with his principal and as well as Ir Azmi. His principal has given money for purchasing of the property but clerk get the property in clerk's name as a gift and moreover he misappropriated the money without knowledge of principal i.e. he did not give any money to Ir .Azmi. In this way legal clerk has done fraud with both of his principal and also Ir Azmi. He must be sued with case of fraud on him by both parties.